S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 1620                                                  A. 4291

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 3, 2009
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Corporations,
  Authorities and Commissions

IN  ASSEMBLY  --  Introduced  by  M.  of A. ENGLEBRIGHT -- read once and
  referred to the Committee on Corporations, Authorities and Commissions

AN ACT to amend the not-for-profit corporation  law  and  the  education
  law, in relation to the discovery and disposition of human remains and
  funerary  objects;  and  to  amend  the parks, recreation and historic
  preservation law, in relation to requiring certain notice and  consul-
  tation prior to the undertaking of certain projects

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "unmarked burial site protection act".
  S  2.  Legislative findings and declaration. The legislature finds and
declares that the sanctity of human burial sites  is  an  intrinsic  and
paramount  value among all cultural and religious traditions which prac-
tice the custom of burying the dead. The legislature further finds  that
there  are  numerous unmarked burial sites throughout the state, many of
which are of great cultural and historical significance to the people of
the state, particularly to members of the cultural and religious  groups
affiliated  with  them.  Such  sites  are  vulnerable  to  unintentional
disturbance in the course of construction and other activities  as  well
as  deliberate  vandalism  and  looting.  Such disturbance constitutes a
severe offense against the descendants of the dead and the  beliefs  and
traditions of the culturally-affiliated groups.
  The  legislature  finds and declares that existing laws are inadequate
to protect these unmarked burial sites from disturbance,  and  that  New
York  is  one  of  the  very few states which heretofore has provided no
express statutory protection for unmarked burial sites. It is  therefore
declared  to be the purpose of this act to ensure that human remains and
associated funerary artifacts remain undisturbed to the  maximum  extent

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD07847-01-9

S. 1620                             2                            A. 4291

practicable, and are treated with the utmost respect consistent with the
wishes of lineal descendants and culturally-affiliated groups.
  S  3. Section 1503 of the not-for-profit corporation law is amended by
adding a new paragraph (c) to read as follows:
  (C) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (C) OF  SECTION  FIFTEEN
HUNDRED  SEVEN  AND PARAGRAPH (M) OF SECTION FIFTEEN HUNDRED TEN OF THIS
ARTICLE, THIS ARTICLE DOES NOT APPLY TO A  BURIAL  SITE  AS  DEFINED  IN
PARAGRAPH (A) OF SECTION FIFTEEN HUNDRED EIGHTEEN.
  S  4.  The  not-for-profit  corporation law is amended by adding a new
section 1518 to read as follows:
S 1518. DISCOVERY AND DISPOSITION OF HUMAN REMAINS AND FUNERARY OBJECTS.
  (A) DEFINITIONS. AS USED IN THIS SECTION:
  (1) "BURIAL SITE" MEANS ANY LOCATION IN WHICH HUMAN REMAINS ARE INTER-
RED, WHICH IS NOT A CEMETERY SUBJECT TO PROVISIONS OF THIS CHAPTER,  THE
RELIGIOUS  CORPORATION  LAW,  THE GENERAL MUNICIPAL LAW, THE COUNTY LAW,
THE TOWN LAW OR THE VILLAGE LAW.
  (2) "COMMITTEE" MEANS THE NATIVE AMERICAN BURIAL SITE REVIEW COMMITTEE
CREATED BY PARAGRAPH (C) OF THIS SECTION.
  (3) "CULTURALLY-AFFILIATED GROUP" MEANS ANY GROUP, INCLUDING AN INDIAN
TRIBE, WHOSE PAST OR PRESENT GOVERNMENT, OR TRADITIONAL CULTURE OR RELI-
GION WAS OR IS AFFILIATED WITH HUMAN REMAINS OR FUNERARY  OBJECTS  WHICH
ARE  THE  SUBJECT  OF  THIS  SECTION. SUCH GROUP SHALL INCLUDE AN INDIAN
TRIBE WHOSE ABORIGINAL TERRITORY, AS DEFINED BY THE COMMITTEE,  INCLUDES
THE  LOCATION  OF A BURIAL SITE CONTAINING NATIVE AMERICAN HUMAN REMAINS
OR FUNERARY OBJECTS.
  (4) "FORENSIC ANTHROPOLOGIST" MEANS A PERSON QUALIFIED  IN  THE  MEDI-
COLEGAL INVESTIGATION/EXAMINATION OF HUMAN SKELETAL REMAINS.
  (5)  "FUNERARY OBJECTS" MEANS ANY ITEM OR ITEMS REASONABLY BELIEVED TO
HAVE BEEN PLACED WITH HUMAN REMAINS AT THE TIME OF BURIAL, INCLUDING BUT
NOT LIMITED TO BURIAL MARKERS, ITEMS  OF  PERSONAL  ADORNMENT,  VESSELS,
BEADS, TOOLS, IMPLEMENTS, CEREMONIAL OBJECTS AND OTHER ARTIFACTS.
  (6)  "HUMAN  REMAINS"  MEANS  THE REMAINS OF ANY PART OF THE BODY OF A
DECEASED PERSON.
  (7) "INDIAN TRIBE" MEANS ANY NATIVE AMERICAN TRIBE,  NATION  OR  GROUP
RECOGNIZED BY THE UNITED STATES OF AMERICA OR THE STATE OF NEW YORK.
  (8) "LINEAL DESCENDANT" MEANS A GENEALOGICAL DESCENDANT ESTABLISHED BY
ORAL TRADITION OR WRITTEN RECORD.
  (9)  "STATE  ARCHAEOLOGIST"  MEANS THE PERSON APPOINTED TO SUCH OFFICE
PURSUANT TO SECTION TWO HUNDRED THIRTY-FIVE OF THE EDUCATION LAW.
  (B) APPLICABILITY. THIS SECTION SHALL APPLY TO ALL  LANDS  WITHIN  THE
STATE,  EXCEPT  FOR  LANDS  LOCATED  UPON ANY INDIAN RESERVATION LOCATED
WHOLLY OR PARTLY WITHIN THE STATE.
  (C) NATIVE AMERICAN BURIAL SITE  REVIEW  COMMITTEE.  THERE  IS  HEREBY
ESTABLISHED A NATIVE AMERICAN BURIAL SITE REVIEW COMMITTEE CONSISTING OF
THE  FOLLOWING:  ONE MEMBER TO BE APPOINTED BY EACH OF THE INDIAN TRIBES
IN THE STATE AS THE OFFICIAL REPRESENTATIVES FOR  THE  PURPOSES  OF  THE
NATIVE  AMERICAN  GRAVES  PROTECTION  AND  REPATRIATION  ACT;  THE STATE
ARCHAEOLOGIST; A FORENSIC ANTHROPOLOGIST; THE CHAIR OF THE HUMAN REMAINS
COMMITTEE OR OTHER DESIGNEE OF THE NEW YORK ARCHAEOLOGICAL COUNCIL;  AND
ONE  MEMBER  WITH  EXPERTISE  IN  THE  FIELD  OF  HISTORIC  PRESERVATION
APPOINTED BY THE COMMISSIONER OF THE OFFICE  OF  PARKS,  RECREATION  AND
HISTORIC  PRESERVATION.  THE  COMMITTEE  SHALL  ELECT A CHAIRPERSON FROM
AMONG ITS MEMBERS. THE MEMBERS WHO ARE NOT  PUBLIC  EMPLOYEES  SHALL  BE
REIMBURSED  BY  THE  STATE  FOR  THEIR REASONABLE AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF COMMITTEE FUNCTIONS.   IT  SHALL  BE  THE
FUNCTION  OF  THE  COMMITTEE  TO DETERMINE THE LINEAL DESCENDANTS AND/OR

S. 1620                             3                            A. 4291

CULTURALLY-AFFILIATED GROUPS  FOR  NATIVE  AMERICAN  HUMAN  REMAINS  AND
FUNERARY  OBJECTS SUBJECT TO THIS SECTION, AND TO PROVIDE NOTICE TO SUCH
DESCENDANTS AND/OR GROUPS AS  PROVIDED  IN  THIS  SECTION.    THE  STATE
ARCHAEOLOGIST  SHALL  PREPARE,  AND  THE COMMITTEE SHALL ADOPT, STANDARD
PROCEDURES FOR DETERMINING THE LINEAL DESCENDANTS AND CULTURALLY-AFFILI-
ATED GROUPS FOR HUMAN REMAINS AS REQUIRED  BY  THIS  SECTION,  INCLUDING
ACCEPTABLE TYPES OF PROOF OF SUCH DESCENT AND AFFILIATION.
  (D)  DISCOVERY  OF BURIAL SITE; REPORTING REQUIREMENTS. (1) ANY PERSON
WHO IN THE COURSE OF ANY GROUND-DISTURBING ACTIVITY DISCOVERS  A  BURIAL
SITE,  HUMAN  REMAINS  OR  FUNERARY  OBJECTS SHALL IMMEDIATELY CEASE ANY
FURTHER DISTURBANCE OF SUCH SITE, REMAINS OR OBJECTS,  AND  SHALL  IMME-
DIATELY  REPORT SUCH DISCOVERY TO THE CORONER OR MEDICAL EXAMINER IN THE
COUNTY IN WHICH THE REMAINS WERE  DISCOVERED.  THE  CORONER  OR  MEDICAL
EXAMINER SHALL WITHIN NINETY-SIX HOURS DETERMINE WHETHER ANY ACTIONS ARE
REQUIRED PURSUANT TO THE PROVISIONS OF ARTICLE SEVENTEEN-A OF THE COUNTY
LAW. IF ANY SUCH REMAINS APPEAR TO THE CORONER OR MEDICAL EXAMINER TO BE
MORE  THAN  FIFTY YEARS OLD, THE CORONER OR MEDICAL EXAMINER SHALL IMME-
DIATELY PROVIDE NOTICE OF THE DISCOVERY OF SUCH  REMAINS  TO  THE  STATE
ARCHAEOLOGIST,  WHO  SHALL  IN TURN CONVEY EACH SUCH NOTICE TO THE OTHER
MEMBERS OF THE COMMITTEE.  ANY INSPECTION OR EXAMINATION SHALL  BE  MADE
IN  SITU  EXCEPT AS NECESSARY TO COMPLY WITH SUCH ARTICLE SEVENTEEN-A OR
TO DETERMINE THE AGE OF THE REMAINS.
  (2) THE STATE ARCHAEOLOGIST, OR SUCH QUALIFIED PERSON AS MAY BE DESIG-
NATED BY THE STATE ARCHAEOLOGIST, SHALL, UPON RECEIVING  NOTICE  FROM  A
CORONER  OR  MEDICAL EXAMINER OF THE DISCOVERY OF HUMAN REMAINS, INSPECT
THE SITE, REMAINS AND/OR OBJECTS WHICH ARE THE SUBJECT OF  SUCH  NOTICE,
PREPARE A REPORT THEREON AND PROVIDE A COPY OF THE REPORT TO THE COMMIT-
TEE.  THE REPORT SHALL BE BASED UPON PHYSICAL EXAMINATION OF THE DISCOV-
ERED BURIAL SITE, REMAINS AND/OR OBJECTS, AND SHALL  CONTAIN  THE  STATE
ARCHAEOLOGIST'S  CONCLUSION  AS  TO  WHETHER  SUCH  SITE, REMAINS AND/OR
OBJECTS MAY BE OF NATIVE AMERICAN ORIGIN. IN PREPARING THE  REPORT,  THE
STATE  ARCHAEOLOGIST MAY SEEK AND OBTAIN ASSISTANCE FROM ANY EMPLOYEE OF
THE REGENTS, FROM THE COMMITTEE, AND FROM THE OFFICE  OF  PARKS,  RECRE-
ATION AND HISTORIC PRESERVATION.
  (E)  DETERMINATION OF AND NOTIFICATION TO LINEAL DESCENDANT OR CULTUR-
ALLY-AFFILIATED GROUP. (1) IF  THE  STATE  ARCHAEOLOGIST,  THE  FORENSIC
ANTHROPOLOGIST  AND  THE  COMMITTEE  AGREE THAT THE BURIAL SITE DOES NOT
WHOLLY OR PARTLY CONTAIN HUMAN REMAINS OR FUNERARY OBJECTS THAT  ARE  OF
NATIVE  AMERICAN  ORIGIN,  IT  SHALL  BE THE RESPONSIBILITY OF THE STATE
ARCHAEOLOGIST TO DETERMINE, AS SOON AS PRACTICABLE, WHETHER THERE IS ANY
REASONABLY  ASCERTAINABLE  LINEAL  DESCENDANT  OR  CULTURALLY-AFFILIATED
GROUP  WITH  RESPECT  TO  SUCH SITE, REMAINS OR OBJECTS AND, IMMEDIATELY
UPON MAKING SUCH DETERMINATION, TO PROVIDE NOTICE TO SUCH DESCENDANTS OR
GROUP OF THE REPORTED DISCOVERY.
  (2) IF THE STATE ARCHAEOLOGIST, THE FORENSIC  ANTHROPOLOGIST  AND  THE
COMMITTEE  AGREE  THAT  THE  BURIAL SITE WHOLLY OR PARTLY CONTAINS HUMAN
REMAINS OR FUNERARY OBJECTS THAT MAY BE OF NATIVE  AMERICAN  ORIGIN,  IT
SHALL  BE  THE  RESPONSIBILITY  OF THE COMMITTEE TO DETERMINE THE LINEAL
DESCENDANTS OR CULTURALLY-AFFILIATED GROUPS. SUCH DETERMINATION SHALL BE
MADE AS SOON AS PRACTICABLE AFTER THE COMMITTEE RECEIVES A  REPORT  FROM
THE  STATE  ARCHAEOLOGIST  CONCERNING  THE BURIAL SITE. IMMEDIATELY UPON
MAKING SUCH DETERMINATION, THE COMMITTEE SHALL PROVIDE WRITTEN NOTIFICA-
TION TO SUCH DESCENDANTS OR GROUPS OF THE REPORTED DISCOVERY.
  (3) THE COMMITTEE SHALL HAVE THE RIGHT OF POSSESSION  AND  STEWARDSHIP
OF  NATIVE  AMERICAN HUMAN REMAINS AND FUNERARY OBJECTS FROM THE TIME IT
RECEIVES NOTIFICATION FROM THE STATE ARCHAEOLOGIST PURSUANT TO PARAGRAPH

S. 1620                             4                            A. 4291

(D) OF THIS SECTION UNTIL THE LINEAL DESCENDANTS AND/OR CULTURALLY-AFFI-
LIATED GROUPS RECEIVE NOTIFICATION FROM THE COMMITTEE PURSUANT  TO  THIS
PARAGRAPH, AT WHICH TIME SUCH LINEAL DESCENDANTS AND/OR CULTURALLY-AFFI-
LIATED GROUPS SHALL HAVE THE RIGHT OF POSSESSION AND STEWARDSHIP OF SUCH
REMAINS  AND  OBJECTS.   UPON NOTIFICATION TO SUCH LINEAL DESCENDANTS OR
CULTURALLY-AFFILIATED GROUPS PURSUANT TO THIS  PARAGRAPH,  OWNERSHIP  OF
AND RESPONSIBILITY FOR THE HUMAN REMAINS AND FUNERARY OBJECTS SHALL VEST
EXCLUSIVELY  IN  SUCH  DESCENDANTS OR GROUPS, WHICH SHALL HAVE EXCLUSIVE
AUTHORITY TO DETERMINE THEIR DISPOSITION.
  (4) THE COMMITTEE SHALL ESTABLISH PROCEDURES FOR MAKING  THE  DETERMI-
NATION AS TO WHETHER DISCOVERED HUMAN REMAINS OR FUNERARY OBJECTS MAY BE
OF NATIVE AMERICAN ORIGIN WHEN THE STATE ARCHAEOLOGIST AND THE COMMITTEE
CAN NOT COME TO AGREEMENT.
  (5)  WHERE  A BURIAL SITE CONTAINS BOTH NATIVE AMERICAN AND NON-NATIVE
AMERICAN HUMAN REMAINS OR  FUNERARY  OBJECTS,  THE  COMMITTEE  SHALL  BE
RESPONSIBLE  FOR  THE NATIVE AMERICAN BURIALS AT THE SITE, AND THE STATE
ARCHAEOLOGIST SHALL BE RESPONSIBLE FOR ALL OTHER BURIALS AT THE SITE.
  (F) DISPOSITION OF REMAINS AND OBJECTS.  (1)  WITHIN  TEN  DAYS  AFTER
NOTIFICATION  BY  THE  STATE  ARCHAEOLOGIST  TO  A  LINEAL DESCENDANT OR
CULTURALLY-AFFILIATED GROUP, OTHER THAN AN INDIAN TRIBE OF THE DISCOVERY
OF A BURIAL SITE, THE DESCENDANT OR GROUP SHALL ADVISE THE STATE ARCHAE-
OLOGIST AS TO THE PREFERRED DISPOSITION OF  THE  DISCOVERED  REMAINS  OR
OBJECTS. THE STATE ARCHAEOLOGIST SHALL TO THE MAXIMUM EXTENT PRACTICABLE
FACILITATE  SUCH PREFERRED DISPOSITION, WHICH MAY CONSIST OF REINTERMENT
AND PROTECTION OF THE BURIAL SITE OR DISINTERMENT AND REBURIAL OR  OTHER
DISPOSITION AS DETERMINED.
  (2)  WITHIN  TEN  DAYS AFTER NOTIFICATION BY THE COMMITTEE TO A LINEAL
DESCENDANT OR CULTURALLY-AFFILIATED GROUP OF THE DISCOVERY OF  A  BURIAL
SITE,  THE  DESCENDANT OR GROUP SHALL ADVISE THE COMMITTEE IN WRITING AS
TO THE PREFERRED DISPOSITION OF THE DISCOVERED REMAINS OR  OBJECTS.  THE
COMMITTEE  SHALL  TO  THE  MAXIMUM  EXTENT  PRACTICABLE  FACILITATE SUCH
PREFERRED DISPOSITION, WHICH MAY CONSIST OF REINTERMENT  AND  PROTECTION
OF  THE BURIAL SITE OR DISINTERMENT AND REBURIAL OR OTHER DISPOSITION AS
DETERMINED.
  (G) DISPOSITION OF HUMAN REMAINS AND FUNERARY OBJECTS, GENERALLY.  (1)
EXCEPT  AS  NECESSARY  TO CARRY OUT THE PURPOSES OF THIS SECTION, BURIAL
SITES, HUMAN REMAINS AND FUNERARY OBJECTS SHALL REMAIN UNDISTURBED AFTER
DISCOVERY.
  (2) UNLESS EXPRESS CONTRARY DIRECTION IS GIVEN  BY  THE  COMMITTEE,  A
CULTURALLY-AFFILIATED  GROUP OR LINEAL DESCENDANT, THE PRESUMED DISPOSI-
TION OF HUMAN REMAINS AND FUNERARY OBJECTS SHALL  BE  THAT  THEY  REMAIN
UNDISTURBED  WHERE BURIED, EXCEPT AS PROVIDED IN SUBPARAGRAPHS THREE AND
FOUR OF THIS PARAGRAPH.
  (3) NOTWITHSTANDING SUBPARAGRAPH TWO OF THIS PARAGRAPH, WHERE THERE IS
NO PRACTICABLE MEANS OF MODIFYING THE ACTIVITY WHICH LED TO THE  DISCOV-
ERY  OF  A  BURIAL  SITE,  HUMAN REMAINS OR FUNERARY OBJECTS IN ORDER TO
AVOID DISTURBING SUCH SITE, REMAINS OR OBJECTS, THE REMAINS  OR  OBJECTS
SHALL BE REMOVED AND REINTERRED IN ACCORDANCE WITH THE DIRECTIONS OF THE
COMMITTEE, CULTURALLY-AFFILIATED GROUP, OR LINEAL DESCENDANT.
  (4)  NOTWITHSTANDING  SUBPARAGRAPH  TWO  OF  THIS PARAGRAPH, WHERE THE
STATE ARCHAEOLOGIST AND THE COMMITTEE HAVE BEEN UNABLE TO  IDENTIFY  THE
LINEAL  DESCENDANT  OR  CULTURALLY-AFFILIATED GROUP FOR HUMAN REMAINS OR
FUNERARY OBJECTS, THE STATE ARCHAEOLOGIST SHALL DETERMINE THE  APPROPRI-
ATE DISPOSITION OF SUCH REMAINS OR OBJECTS.
  (H)  PENALTIES.  (1) ANY PERSON WHO FAILS TO REPORT THE DISCOVERY OF A
BURIAL SITE, HUMAN REMAINS OR FUNERARY OBJECTS AS REQUIRED BY  PARAGRAPH

S. 1620                             5                            A. 4291

(D) OF THIS SECTION SHALL BE GUILTY OF A CLASS B MISDEMEANOR, AS DEFINED
IN THE PENAL LAW.
  (2)  ANY  PERSON  OTHER  THAN  THE STATE ARCHAEOLOGIST, OR A PERSON OR
GROUP WITH A  RIGHT  OF  POSSESSION  OR  STEWARDSHIP  PURSUANT  TO  THIS
SECTION,  OR A DESIGNEE THEREOF, WHO INTENTIONALLY REMOVES HUMAN REMAINS
OR FUNERARY OBJECTS FROM A BURIAL SITE SHALL BE  GUILTY  OF  A  CLASS  A
MISDEMEANOR, AS DEFINED IN THE PENAL LAW.
  (3) ANY PERSON WHO DEFACES OR DESTROYS A BURIAL SITE, HUMAN REMAINS OR
FUNERARY  OBJECTS,  OR  WHO  POSSESSES HUMAN REMAINS OR FUNERARY OBJECTS
WITH INTENT TO SELL SUCH REMAINS OR ARTIFACTS, OR WHO SELLS OR  ATTEMPTS
TO  SELL HUMAN REMAINS OR FUNERARY OBJECTS, SHALL BE GUILTY OF A CLASS E
FELONY, AS DEFINED IN THE PENAL LAW.
  (I) ENFORCEMENT. THE ATTORNEY GENERAL OR ANY AGGRIEVED PARTY,  INCLUD-
ING  THE  COMMITTEE  AND  ANY LINEAL DESCENDANT OR CULTURALLY-AFFILIATED
GROUP, MAY BRING AN ACTION IN SUPREME COURT  IN  THE  JUDICIAL  DISTRICT
WHERE  THE  REMAINS  OR  OBJECTS  COVERED BY THIS SECTION ARE LOCATED TO
ENJOIN VIOLATIONS OR THREATENED  VIOLATIONS  OF  THIS  SECTION,  AND  TO
RECOVER  SUCH REMAINS OR OBJECTS, AND IN THE CASE OF AN AGGRIEVED PARTY,
COMPENSATORY AND PUNITIVE DAMAGES FOR SUCH VIOLATION.
  S 5. Section 235 of the education law is amended to read as follows:
  S 235. State science service.    There  shall  be  maintained  in  the
university  a  science service which shall be known as the state science
service and the state geologist, paleontologist, botanist  [and],  ento-
mologist,  AND  ARCHAEOLOGIST  shall  constitute its staff together with
such other scientists as the regents may employ or who are now  employed
by  them.   This service is empowered and directed to make available its
services to all the departments of the state, and the residents  of  the
state  under such rules and regulations as the regents may prescribe and
is empowered to engage in such scientific research as directed by law or
by the regents and shall cooperate with scientific units or agencies  of
other  states,  the  federal  government,  educational  institutions and
industry in the discovery,  analysis  and  dissemination  of  scientific
information.   The director of the state museum shall also be the direc-
tor and head of the state science service and the staff of  the  service
shall be members of the staff of the state museum.
  S  6. Section 14.09 of the parks, recreation and historic preservation
law is amended by adding a new subdivision 3 to read as follows:
  3. PRIOR TO THE PREPARATION OR APPROVAL OF THE FINAL DESIGN OR PLAN OF
ANY PROJECT UNDERTAKEN BY A STATE AGENCY, OR PRIOR TO THE FUNDING OF ANY
PROJECT BY A STATE AGENCY, OR PRIOR TO AN ACTION OF APPROVAL OR ENTITLE-
MENT OF ANY PRIVATE PROJECT BY A STATE AGENCY, THE AGENCY'S PRESERVATION
OFFICER SHALL PERFORM A DILIGENT INQUIRY TO DETERMINE WHETHER ANY ASPECT
OF THE PROJECT MAY OR WILL EFFECT A DISTURBANCE OF A KNOWN OR  SUSPECTED
BURIAL  SITE  FOR  WHICH  A CULTURALLY-AFFILIATED INDIAN TRIBE, GROUP OR
LINEAL DESCENDENT CAN BE IDENTIFIED. THE TERMS "BURIAL SITE", "CULTURAL-
LY-AFFILIATED" AND "INDIAN  TRIBE"  SHALL  HAVE  THE  SAME  MEANINGS  AS
ASCRIBED TO SUCH TERMS IN PARAGRAPH (A) OF SECTION FIFTEEN HUNDRED EIGH-
TEEN  OF THE NOT-FOR-PROFIT CORPORATION LAW.  IN SUCH EVENT SUCH OFFICER
SHALL NOTIFY SUCH INDIAN TRIBE  AND  THE  NATIVE  AMERICAN  BURIAL  SITE
REVIEW  COMMITTEE ESTABLISHED BY SECTION FIFTEEN HUNDRED EIGHTEEN OF THE
NOT-FOR-PROFIT CORPORATION LAW AND  CONSULT  WITH  THE  TRIBE  AND  SUCH
COMMITTEE TO DETERMINE HOW TO AVOID SUCH DISTURBANCE.
  S  7. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.